Are we the masters of self-defeat ?

Discussion in 'Indian Army' started by Ray, Nov 5, 2011.

  1. Ray

    Ray The Chairman Defence Professionals Moderator

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    Continuing from Bhadra's link

    To those who think the forces have better calibre, read this:

    Indian Military : Service Benefits and Issues: Are we the masters of self-defeat ?
    Indian Military : Service Benefits and Issues: Are we the masters of self-defeat ?

    as posted in

    http://defenceforumindia.com/indian...intellectual-transformation-4.html#post343228

    This necessitates a separate discussion in addition.


     
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    CAT bridges pension gap of pre and post 2006 civilian retirees
    Thursday, November 3, 2011
    Congratulations to pre-2006 civil pensioners on Full Bench Judgement of CAT in their favour
    The Full Bench of the Central Administrative Tribunal (CAT) has finally allowed the petition by pre-2006 pensioners seeking modified parity with post-2006 retirees. The CAT has inter alia held that the term ‘minimum of pay in the pay band’ would mean minimum of pay within the pay band corresponding to the scale held at the time of retirement and not minimum of the pay band itself as interpreted and implemented by the government through a clarification.

    However, it is the following extract which specially merits mention on this blog being a subject much discussed by us here:
    “On the basis of the recommendations made by VI CPC, which stood validly accepted by the Cabinet, it has been argued that principle for determining the pension has been completely altered under the garb of clarification. According to the learned counsel for the applicants on the basis of the aforesaid resolution/modified parity revised pension of the pre-2006 pensioners shall not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which the pensioner had retired.

    Applicants in para-11 of the Additional-Affidavit have explained how the Note prepared by a junior functionary (at the level of an Under Secretary) in the Department of Pension & Pensioners Welfare in regard to para-4.2 of the OM dated 1.9.2008 has been given a go-by to the resolution dated 29/08/2008.
    Posted by Navdeep / Maj Navdeep Singh
    click here to read more

    Report My Signal- Blog: CAT bridges pension gap of pre and post 2006 civilian retirees
     
  4. Ray

    Ray The Chairman Defence Professionals Moderator

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    Congratulations to pre-2006 civil pensioners on Full Bench Judgement of CAT in their favour

    The Full Bench of the Central Administrative Tribunal (CAT) has finally allowed the petition by pre-2006 pensioners seeking modified parity with post-2006 retirees. The CAT has inter alia held that the term ‘minimum of pay in the pay band’ would mean minimum of pay within the pay band corresponding to the scale held at the time of retirement and not minimum of the pay band itself as interpreted and implemented by the government through a clarification.

    However, it is the following extract which specially merits mention on this blog being a subject much discussed by us here :-

    “On the basis of the recommendations made by VI CPC, which stood validly accepted by the Cabinet, it has been argued that principle for determining the pension has been completely altered under the garb of clarification. According to the learned counsel for the applicants on the basis of the aforesaid resolution/modified parity revised pension of the pre-2006 pensioners shall not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which the pensioner had retired.

    15. Applicants in para-11 of the Additional-Affidavit have explained how the Note prepared by a junior functionary (at the level of an Under Secretary) in the Department of Pension & Pensioners Welfare in regard to para-4.2 of the OM dated 1.9.2008 has been given a go-by to the resolution dated 29.08.2008. The Note so prepared has been extracted in this para, which thus reads:

    X X X


    16. It is pleaded that first the need for such a doubt being raised is not clear as both the formulation of the CPC in para 5.1.47 as well as in Government Resolution dated 29.8.2008 (Annexure A-7 of the OA) is clear that the fixation of pension will be subject to the provision that the revised pension in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. (emphasis added). The use of words sum of, and thereon leaves no doubt that both the minimum of the pay in the pay band and the grade pay have to correspond to the pre-revised pay scale. Second, without bringing out merits or demerits of either formulation, the lower functionary in DOP & PW incorporates in the clarification against item 4.2 in the OM dated 1.9.2008, the first option about minimum of pay in the pay band (irrespective of the pre-revised scale of pay). What is worse is that there is no application of mind even at the level of Director and Secretary who merely sign the note and the clarification is issued after obtaining finance concurrence and approval of MOS (PP), without going back to the Cabinet for such a modification.

    17. The learned counsel has further argued that the resultant injustice done to the pre-1-1-2006 pensioners had even been recognized by MOS (F) and MOS (PP) in their letters to the PM and MOS (F) respectively, copies of which are at Annexures A-11 (page 169) and A-12 (page 170) of the OA. A formal proposal was also sent by DOP & PW to Department of Expenditure seeking rectification but was not accepted by the latter. It was also incorrectly mentioned that the earlier provision in para 4.2 of OM dated 1.9.2008 has been issued in pursuance of the approval of the Cabinet granted to the Report of the Sixth CPC and any change would entail substantial financial implications and this was done only with the approval of the Secretary (Expenditure) without putting up the note to MOS (F) who had himself supported the change. A copy of this Note dated 2.1.2009 is enclosed as Annexure 5. “

    Proof enough how misleading notes by lower level functionaries can wreak havoc for the public at large.

    Report My Signal- Blog: CAT bridges pension gap of pre and post 2006 civilian retirees
     
  5. Ray

    Ray The Chairman Defence Professionals Moderator

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    CAT may have given an opinion, but nothing has happened!
     
  6. Tshering22

    Tshering22 Sikkimese Saber Senior Member

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    Sticking strictly to the question asked in the topic, here's some food for thought.


    Father of Nation: MK Gandhi

    Highlights: 1- De-martialize Indian mindset; act by fasting and doing silent marches in front of colonial imperialists known to have massacred thousands without batting an eyelid. Great.

    2- Tear the nation into a spineless, null shadow of its former size; tearing away massive portion and giving it to a hostile and enemy filled with hatred whose more eager to please his ideological masters sitting across the Arabian Sea. Give precious 55 crore to a group of de-ranged self-ashamed suicidal enemies who have become a threat of elephantine proportions to our people since their inception.

    1st PM to the nation: Jawaharlal Nehru

    Highlights: 1- Abdicated UNSC seat in favor a sick-minded communist madcap neighbor.
    2- Almost abolished military to make the "Gandhian state".
    3- Almost gifted away 16,000 sq Km of land to the same madcap neighbor to buy "peace".
    4- Refused weapons even when offered at concessionary rates.

    .
    ..
    ...
    ....


    Do you want any clearer answers than these to prove the question and the theme of this entire topic?
     
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  7. agentperry

    agentperry Senior Member Senior Member

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    after 1977 the strengths of institutions declined and nothing like institutions were made. the role of strong policy making and practicing progressive politics too faded away and now we are seeing the results of destructive politics which is based on simple stimulus-response system.

    they dont care about the past and give a heck to predict the future
     
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